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(영문) 서울서부지방법원 2020.11.19 2020노908
근로기준법위반
Text

The judgment of the court below (including the portion not guilty) shall be reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The defendant above.

Reasons

1. The gist of the grounds for appeal (the document submitted after the deadline for submitting the grounds for appeal shall be deemed to the extent that it supplements the grounds for appeal);

A. Wages unpaid by the Defendant of mistake of facts are H 2.55 million won, L 1.09 million won, M 670,000 won, J 1.245 million won, and there is no unpaid wages to K.

Nevertheless, the court below found the defendant guilty of not paying wages of KRW 7,629,00 to H, KRW 5,469,00 to L, KRW 3,592,670 to M, KRW 1,90,00 to J, and KRW 750,00 to K, and KRW 19,340,670 to be guilty.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and examined by the trial court, namely, ① the specific date on which H, L, J, and K did not receive wages even after having worked at the instant site, and the daily amount of wages, from the investigation process to the court of the lower court’s trial. Such statements are supported by the accuracy of the printed-out log (2 pages of investigation records), book copying (2 pages), book copying (2 pages of investigation records), calendar, and literary message (2 pages of investigation records), and ② the Defendant’s statement and evidence No. 1-2 G requested payment of wages to H, etc. on November 15, 2018.

In addition, G’s statement on the daily amount of money is partially reversed during the investigation process, or partly contrary to the statement in subparagraph 1-2 and 3 of the evidence No. 1-3 written by G, G’s evidence No. 1-2 is written in a lump sum on the basis of the I’s report. There is no specific work date written by G, and I relied on the work date of other members who work on the day after the end of the original trial.

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